Ex Parte MALHOTRA - Page 9




           Appeal No. 2002-0728                                                                     
           Application No. 09/404,570                                                               


           Schwarz or Siddiqui, Watt and Takazawa, and further in view of                           
           Nishizaki.  The examiner relies on Nishizaki to show that one of                         
           ordinary skill in the art would have been led to obtain the claimed                      
           haze value of no more than about 25 in the ink composition of                            
           Malhotra.  See the Answer, page 8.  However, as argued by the                            
           appellant (Brief, page 28), Nishizaki does not teach employing such                      
           haze value to a hot melt composition containing at least one                             
           polyamide and at least one terpene resin.  There is nothing                              
           referred to by the examiner, which shows that such haze value is                         
           useful for the ink composition of the type disclosed by Malhotra                         
           and/or Schwarz.  Nor is there any teaching in the applied prior art                      
           references that shows how such haze value can be obtained in the                         
           ink composition of Malhotra and/or Schwarz.                                              
                 Accordingly, we reverse the examiner’s decision rejecting                          
           claim 7 under 35 U.S.C. § 103.                                                           
                 We turn next to the examiner’s rejection of claims 14 and 15                       
           under 35 U.S.C. § 103 as unpatentable over the Malhotra in view of                       
           either Schwarz or Siddiqui, Watt and Takazawa, and further in view                       
           of Shacklette and Han.  The content of Schwarz is discussed above.                       
           The examiner recognizes that Schwarz does not describe or suggest                        
           employing the claimed complex of a dianiline and a phosphorus-                           


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